Steven Curtis Gnau's Answers

My patient's personal injury attorney refuses to sign and return my notice of lien prior to settlement?

There are several different kinds of “liens” under California law and even separate “liens” pertaining to healthcare provided to Personal Injury victims such as in your question. Assuming that the care that you provided does not qualify for Civil Code §3045.1 protections, you have a lien contract. The parties to the contract are typically the healthcare provider, the patient, and sometimes the attorney. The nature of the contract is to secure payment for the healthcare services rendered when...

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If the posted speed limit is 25 MPH at what speed does a driver lose his right of way? Is this in the Calif. V.C.? Case Law?

There are two separate issues in your question that are being muddled together. A driver having the "right -of-way" under the Vehicle Code is distinct from the issue of liability for an accident. Although that may seem counter-intuitive, CACI 701 reads, "When the law requires a driver to "yield the right-of-way" to another vehicle, this means that the driver must let the other vehicle go first." Under the Vehicle Code, your relative clearly did not have the right-of-way and the other driver...

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Is my neighbor responsible for damages to my car?

To establish civil liability, you have the burden of proof that your neighbor acted negligently (the trimming your own bushes without informing your neighbors is probably not going to be enough) and further proof that as a proximate result of the negligence your damages were caused. You would have to establish that it is more likely than not that the negligent trimming, if any, resulted in the windshield chip. Considering all other potential causes for a windshield chip, than burden may be...